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Worker Misclassification as Independent Contractor — Race Discrimination

Started by newbie_creator_legal · Jun 29, 2023 · 2,774 views · 9 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NC
newbie_creator_legal OP

I'm dealing with a situation and need some guidance.

severance offer seems low. I've been dealing with this for about 15 weeks now and the situation isn't improving.

I have worked at this company for 9 years. My position is exempt and I do not have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

FT
first_time_buyer_NC

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

FK
FreelancerKate

I've dealt with this before.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the FLSA and state wage laws years for this type of claim.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

LT
LandlordTom_TX

Been there. Here's what I learned.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

FT
first_time_worker_WA

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

CA
ConsumerAdvocate

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

WH
worried_homeowner_CA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

CA
CorpCounsel_Amy

Been there. Here's what I learned.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

CS
confused_student_2022

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

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